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An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)

Assented to 2009-06-18

87. Paragraph 296(1)(b) of the Act is replaced by the following:

  • (b) the offence alleged to have been committed is an offence under this Act, except an offence

    • (i) in respect of the contravention of subsection 16(4), 81(1), (2), (3) or (4), 82(1) or (2), 84(2) or 96(4), section 99, subsection 106(1), (2), (3) or (4), 107(1) or (2), 109(1) or (2), 119(1), 148(1), 202(4) or 213(4) or section 227 or 228, or any obligation or prohibition arising from any of those provisions,

    • (ii) for failing to comply with

      • (A) an order or a direction made under this Act;

      • (B) an order, direction or decision of a court made under this Act; or

      • (C) an agreement, or

    • (iii) under any of paragraphs 272(1)(k) and (l) and subsections 274(1) and (2);

88. Section 297 of the Act is replaced by the following:

Marginal note:Sentencing considerations

297. If an information in respect of an offence of contravening an agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account, in addition to the principles and factors referred to in section 287.1, any sentence that has previously been imposed for the other offence.

Marginal note:R.S., c. I-20

INTERNATIONAL RIVER IMPROVEMENTS ACT

89. Section 2 of the International River Improvements Act is amended by adding the following in alphabetical order:

“Chief Review Officer”

« réviseur-chef »

“Chief Review Officer” means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer;

  • 90. (1) The portion of section 3 of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Règlements

    3. Aux fins de l’aménagement et de l’utilisation des ressources en eau du Canada dans l’intérêt national, le gouverneur en conseil peut prendre des règlements :

  • (2) Section 3 of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

    • (d) respecting the exemption of international river improvements from the operation of this Act;

    • (e) authorizing the conduct of inspections under this Act in respect of any improvement exempted from the operation of this Act under the authority of regulations made under paragraph (d) and setting out the purposes for which those inspections may be carried out; and

    • (f) designating provisions of the regulations for the purpose of paragraph 33(1)(b).